In California, drivers must yield to pedestrians crossing within any marked or unmarked crosswalk at an intersection under Vehicle Code § 21950. Pedestrians can lose the right of way by stepping suddenly into traffic or crossing against a signal, but even then, California's comparative fault rule may still allow them to recover part of their damages.
In Los Angeles, heavy traffic and busy sidewalks put pedestrians at risk every day, and thousands are injured or killed each year by careless or distracted drivers. If you were hit while walking, understanding right-of-way rules is the starting point for your claim.
When Pedestrians Have the Right of Way
Vehicle Code § 21950 requires drivers to yield to pedestrians in:
- Marked crosswalks: crossings with painted lines.
- Unmarked crosswalks: the natural extension of the sidewalks at an intersection, even with no paint or signs.
Drivers must also slow down and use caution around pedestrians, never pass a vehicle stopped at a crosswalk, and yield to people walking lawfully in the roadway. Breaking these rules can be evidence of negligence.
Common Driver Violations
- Failing to stop for someone in a crosswalk
- Speeding through intersections
- Texting or using GPS while driving
- Turning without watching for pedestrians
- Driving under the influence
Can Pedestrians Lose the Right of Way?
Yes, though less often than insurers claim. Pedestrians must not suddenly step into the path of a vehicle so close that the driver cannot react, and they must obey traffic signals. Crossing against a red light or outside a legal crossing may put some fault on the pedestrian. Even so, California's comparative fault system means you may still recover compensation reduced by your share of responsibility, and drivers always have a duty to use care to avoid hitting anyone in the road.
Why Right of Way Matters in Your Claim
Right of way is often the central fault question in a pedestrian case. If you were crossing lawfully and a driver failed to yield, the driver may be liable for medical bills, lost wages, pain and suffering, and future rehabilitation. Evidence such as traffic camera footage, witness statements, and the police report can prove it; see our guide to gathering accident evidence, and learn what to do if the police report gets it wrong.
How a Lawyer Protects Your Rights
Insurers often try to shift blame onto the pedestrian, because every percentage of fault reduces what they pay. Our founder, Shawn Rokni, previously worked as a senior insurance defense attorney and in-house counsel for a major auto insurer, so we know how those arguments are built. Our pedestrian accident attorneys investigate the crash, establish your right-of-way status, and pursue full compensation. If the driver fled, see our hit-and-run page.
Hit While Walking in Los Angeles?
Do not assume the driver's version is the only one that matters. Contact Insider Accident Lawyers for a free case review or call 424-INSIDER. You pay no attorney's fee unless we recover compensation for you.
